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Florida Statute 165.061 | Lawyer Caselaw & Research
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The 2024 Florida Statutes

Title XII
MUNICIPALITIES
Chapter 165
FORMATION OF LOCAL GOVERNMENTS
View Entire Chapter
F.S. 165.061
165.061 Standards for incorporation, merger, and dissolution.—
(1) The incorporation of a new municipality, other than through merger of existing municipalities, must meet the following conditions in the area proposed for incorporation:
(a) It must be compact and contiguous and amenable to separate municipal government.
(b) It must have a total population, as determined in the latest official state census, special census, or estimate of population, in the area proposed to be incorporated of at least 1,500 persons in counties with a population of 75,000 or less, and of at least 5,000 population in counties with a population of more than 75,000.
(c) It must have an average population density of at least 1.5 persons per acre or have extraordinary conditions requiring the establishment of a municipal corporation with less existing density.
(d) It must have a minimum distance of any part of the area proposed for incorporation from the boundaries of an existing municipality within the county of at least 2 miles or have an extraordinary natural boundary which requires separate municipal government.
(e) It must have a proposed municipal charter which:
1. Prescribes the form of government and clearly defines the responsibility for legislative and executive functions.
2. Does not prohibit the legislative body of the municipality from exercising its powers to levy any tax authorized by the Constitution or general law.
(f) In accordance with s. 10, Art. I of the State Constitution, the plan for incorporation must honor existing solid-waste contracts in the affected geographic area subject to incorporation. However, the plan for incorporation may provide for existing contracts for solid-waste-collection services to be honored only for 5 years or the remainder of the contract term, whichever is less, and may require that a copy of the pertinent portion of the contract or other written evidence of the duration of the contract, excluding any automatic renewals or evergreen provisions, be provided to the municipality within a reasonable time after a written request to do so.
(2) The incorporation of a new municipality through merger of existing municipalities and associated unincorporated areas must meet the following conditions:
(a) The area proposed for incorporation must be compact and contiguous and susceptible to urban services.
(b) Any unincorporated area to be included must meet the standards provided in s. 171.042, if available.
(c) The plan for merger and incorporation must provide for an equitable arrangement in relation to bonded indebtedness and the status and pension rights of employees of each governmental unit proposed to be merged.
(d) In accordance with s. 10, Art. I of the State Constitution, the plan for merger must honor existing solid-waste contracts in the affected geographic area subject to merger. However, the plan for merger may provide for existing contracts for solid-waste-collection services to be honored only for 5 years or the remainder of the contract term, whichever is shorter, and may require that a copy of the pertinent portion of the contract or other written evidence of the duration of the contract, excluding any automatic renewals or so-called “evergreen” provisions, be provided to the municipality within a reasonable time following a written request to do so.
(3) The dissolution of a municipality must meet the following conditions:
(a) The municipality to be dissolved must not be substantially surrounded by other municipalities.
(b) The county or another municipality must be demonstrably able to provide necessary services to the municipal area proposed for dissolution.
(c) An equitable arrangement must be made in relation to bonded indebtedness and vested rights of employees of the municipality to be dissolved.
History.—s. 1, ch. 74-192; s. 41, ch. 89-169; s. 6, ch. 98-258; s. 3, ch. 2000-304; s. 1, ch. 2002-23.

F.S. 165.061 on Google Scholar

F.S. 165.061 on Casetext

Amendments to 165.061


Arrestable Offenses / Crimes under Fla. Stat. 165.061
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 165.061.

Annotations, Discussions, Cases:

Cases Citing Statute 165.061

Total Results: 11

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Court: Florida Attorney General Reports | Date Filed: 2010-06-07

Snippet: shall set the date of the election.5 Section 165.061(3), Florida Statutes, in providing standards for

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Court: Florida Attorney General Reports | Date Filed: 1998-12-03

Snippet: whether this area may be incorporated. Section 165.061(1), Florida Statutes, sets forth the standards

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Court: Florida Attorney General Reports | Date Filed: 1994-08-12

Snippet: Statutes, if it does not meet the criteria in section 165.061, Florida Statutes? In sum: 1. The City of LaBelle

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Court: Florida Attorney General Reports | Date Filed: 1991-07-01

Snippet: standards herein provided have been met." Section 165.061(1), Florida Statutes, provides standards for incorporation

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Court: Florida Attorney General Reports | Date Filed: 1987-02-17

Snippet: requirement set forth in s. 171.043, F.S. Cf., s. 165.061(1)(a), F.S., which establishes, as a condition

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Court: Florida Attorney General Reports | Date Filed: 1984-03-21

Snippet: shall be provided only by general law. And see, s 165.061(3), F.S., stating that the creation of a special

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Court: Florida Attorney General Reports | Date Filed: 1984-03-16

Snippet: in any such offices. But see, ss165.041(2) and 165.061(3), F.S., providing the exclusive procedure for

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Court: Florida Attorney General Reports | Date Filed: 1982-10-29

Snippet: forming or dissolving special districts. See also, s 165.061(4), F.S., which sets out certain conditions to

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Court: Florida Attorney General Reports | Date Filed: 1980-03-11

Snippet: 163.603(1), 163.604(11), 163.613,165.041(2), and 165.061(3), F. S. Cf. s. 125.01(5)(a) and (b), F. S. Based

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Court: Florida Attorney General Reports | Date Filed: 1978-10-30

Snippet: amenable to separate district government (see s.165.061(3), F. S.). However, s. 165.041(2), F. S., `does

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Court: Florida Attorney General Reports | Date Filed: 1975-02-05

Snippet: having jurisdiction over the area affected . . . . 165.061 . . . (3) The creation of a special district must